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Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

Chithradurga, Mar 25: COVID-19-positive cases in Karnataka jumped to 42 from 33 on Tuesday, with nine cases added to the list overnight. The daughter of G M Siddeshwara, Davanagere MP, is the latest case.

Sources from the Siddeshwara family said that the MP’s daughter, along with her two children, who started from Guyana, first landed at New York airport and from there, she took a flight to New Delhi.

From Delhi, she flew to Bengaluru. And then, she and her children travelled with her father in a chaffeur-driven car on March 21 to their house in Bheemasamudra.


Siddeshwara said that protocol for COVID-19 had been followed and all who returned were under self-quarantine at his house. However, the administration was not informed of her travel history till the samples were given for test, Chitradurga Deputy Commissioner Vinoth Priya R told TNIE. The DC said the test results of the MP’s daughter were collected by district health authorities and sent to Shivamogga Institute of Medical Sciences on March 22.

The test turned out to be positive for COVID-19 and she was shifted to the isolation ward at Chigateri district hospital in Davanagere. This is the first positive case in Chitradurga.The patient, who is the wife of an Indian Diplomat in Guyana, complained of flu-like symptoms and remained self-quarantined at her house at Bheemasamudra. Her condition was informed to the health department, which collected her samples and forwarded it to the SIMS for tests, results of which arrived on Tuesday evening.

The DC said that samples of family members including the two children, and those working at the MP’s house would be collected and sent for testing to ensure proper protocol is followed. The administration has declared a ‘red zone of a 5km radius around Siddeshwara’s house at Bheemasamudra. DHO Dr Palaksha said that the patient is not suffering any serious problems and is normal. However, we have put her in the isolation ward of Chigateri District Hospital in Davangere, he said.